In Bangladesh, a sharp institutional rift has emerged ahead of the general election and referendum on 12th of February. The Election Commission (EC) warned that campaigning by civil servants for either a “Yes” or “No” vote is illegal, even as government advisers and officials continue to openly promote a “Yes” outcome.
In a directive sent to returning officers and senior bureaucrats on Thursday, the EC stated that public servants urging voters to support either side of the referendum would be committing a punishable offence under the Referendum Ordinance 2025 and the Representation of the People Order (RPO), 1972. The commission stressed that while government employees may disseminate information, they are barred from influencing voter choice.
The warning contrasts sharply with government actions. Advisers, senior officials, and state agencies have been actively campaigning for a “Yes” vote, with government offices displaying banners such as “Yes for Change” and official communications promoting the referendum’s benefits. Religious Affairs Adviser AFM Khalid Hossain and Chief Adviser’s special assistant Ali Riaz have publicly urged citizens to vote “Yes,” framing opposition as resistance to reform.
Legal experts note that Article 86 of the RPO allows for imprisonment of up to five years if a public servant abuses an official position to influence an election. Yet enforcement remains uncertain, raising concerns about the selective application of the law and the erosion of the EC’s authority.
Ali Riaz has rejected the EC’s interpretation, arguing that no law explicitly bars public servants from campaigning for reforms and citing international precedent. Critics, however, say this stance undermines the principle of a neutral civil service and risks tilting the referendum using state power.
The controversy intensified after Chief Adviser Professor Muhammad Yunus publicly endorsed a “Yes” vote in a televised address, blurring the line between state neutrality and political advocacy. Meanwhile, the EC has reiterated that it alone is constitutionally mandated to oversee elections and referendums, not the government.
With the referendum coinciding with a highly sensitive parliamentary election, analysts warn that continued defiance of the EC’s directive could damage the credibility of both the vote and the broader democratic process, reinforcing fears that the state apparatus is being mobilised to secure a predetermined outcome.